Families voice concerns over communication in Covid death inquiry

Relatives report encountering a “wall of silence” from prosecutors who are conducting investigations into thousands of Covid-related fatalities across Scotland. A dedicated Crown Office unit was announced in 2020; however, since its establishment, no individuals have faced criminal charges, and only one fatal accident inquiry (FAI) has commenced. Prosecutors emphasize that this constitutes the largest investigation of deaths in Scottish history, involving numerous complex cases. Yet, John Gordon, whose father died in a care home during the pandemic’s initial wave, stated that families are entitled to receive more information. John Angus Gordon, 83, was among 12 residents who died at the Home Farm care home in Portree in 2020 after testing positive for Covid. Due to lockdown restrictions, his family was unable to visit as his condition worsened in his final days. Their last conversation occurred via a Facetime call. However, John Gordon indicated that his family has expressed strong dissatisfaction with the lack of updates concerning the police and Crown Office investigations into Home Farm. He stated: “At the beginning, people were told that their loved one’s deaths would be investigated by the Crown and now there seems to be a wall of silence for many of these families.” He added, “As time goes on you’re kind of left in limbo.” Gordon further explained, “You’re still waiting for answers because you know in the background there is still some work happening which you’re not being given updates about or information on.” Last month, prosecutors informed MSPs that it is “difficult to put an end date with any certainty” on when the Covid investigation will conclude. To date, a total of £11m in Scottish government funding has been allocated to the Covid investigation team, which comprises over 90 staff members. Data released to BBC Scotland reveals that the Crown Office’s team is currently handling 4,468 cases. Of these, 4,047 are care home deaths, 369 are hospital deaths, 16 are deaths in custody, and 36 are worker deaths. Prosecutors will ultimately determine whether some of these cases should proceed to an FAI or prosecution. In approximately 1,100 cases, an initial report has been finalized and reviewed, or a decision has been made to advance the case to a more detailed investigation stage. The Crown Office has yet to finalize its investigation strategy concerning individuals transferred from hospitals to care homes during the early phase of the pandemic. This matter is crucial because, in the initial stages of the pandemic, more than half of the elderly hospital patients discharged to nearly 200 Scottish care homes had not undergone Covid testing. A total of 6,016 deaths have been reported to the Crown Office since its Covid investigation began. A decision not to currently pursue further investigation has been made in 1,548 of these cases, including over 800 hospital deaths. One primary reason for delays in investigations is the Crown Office’s reliance on information from other public bodies, such as health boards, and the requirement for reports from independent experts. In addition to the Crown Office investigation, there are ongoing UK and Scottish public inquiries into the pandemic aimed at identifying lessons from the management of the public health crisis. Pamela Rodger, a partner at PBW Law, representing several Covid-bereaved families, stated that her clients desire a thorough investigation but require more information. She commented: “It is four years down the line, they want a resolution of some sort, they want answers because at the moment there is a bit of a shroud of mystery and it is the ongoing not knowing that makes it more difficult and really frustrating for them.” Rodger added, “We understand that an investigation is ongoing but having absolutely no timescale – even if families could be told it will be a year, it will be two years, at least we can manage their expectations.” The first announced Covid-related FAIs will pertain to four individual deaths of prisoners. FAIs for individuals who die in custody are mandatory, and the initial one concerns the deaths of two individuals at HMP Dumfries, scheduled for 19 December. A second FAI, covering the death of one prisoner at HMP Low Moss and one at HMP Edinburgh, is set to commence next year. Last month, John Logue, the Crown Office’s chief executive, was questioned by MSPs on Holyrood’s justice committee about when the Covid deaths investigation would conclude, to which he responded that it was “difficult to put an end date on it with any certainty.” This remark was made during a discussion regarding additional funding for the Crown Office, which is currently secured until April next year. A Crown Office spokesman stated: “This is the single largest investigation of deaths in Scottish history, and we recognise that it must be difficult for the families of those who have lost a loved one.” He continued, “There are complex issues raised in individual cases and across groups of cases which have been reported. We have numerous requests for information or documentation which are currently with external agencies to assist with the investigation.” The spokesman concluded, “We aim to maintain contact with families in accordance with their wishes. If we do not meet their expectations, we would encourage them to tell us so we can look at resolving any issues.”